Supreme Court of India · 2008-03-13
Super Cassettes Industries Ltd vs Commissioner Of Customs, New Delhi
- Court
- Supreme Court of India
- Petitioner
- Super Cassettes Industries Ltd
- Respondent
- Commissioner Of Customs, New Delhi
- Bench
- Ashok Bhan, J.M.Panchal
Judgment text excerpt
The Supreme Court ruled that under Section 3(1) of the Customs Tariff Act, 1975, Countervailing Duty (CVD) is applicable only if the imported goods are produced or manufactured in India. The Court held that since the magnetic heads were merely repaired and not manufactured, CVD was not leviable. The Court overturned the Tribunal's decision which had upheld the imposition of CVD on re-imported repaired goods, thereby favoring the appellant's claim for exemption under Notification No.94/96-Cus.